38Enforcement of plans: WalesE+W
(1)If the relevant authority is satisfied that the governing body of an institution which by virtue of a condition imposed under section 28 is required to comply with the requirement specified in section 28(1)(a) or (c) has failed to comply with that requirement, the relevant authority may notify the governing body that on the expiry of the existing plan it will refuse to approve a new plan under section 34 during a specified period.
(2)The period specified under subsection (1) must not exceed any maximum period prescribed by regulations made by the Assembly.
(3)The Assembly may by regulations make provision—
(a)as to the matters to which the relevant authority must, or may not, have regard in exercising its powers under subsection (1),
(b)as to the procedure to be followed in connection with the giving of any notification under that subsection, and
(c)as to the effect of such a notification.
(4)The exercise of the power conferred by subsection (1) (whether or not by the Higher Education Funding Council for Wales) does not prevent the Council[F1or the Training and Development Agency for Schools] from enforcing the condition imposed under section 28 by imposing financial requirements on the governing body in pursuance of any condition imposed by virtue of section 28(3).
Textual Amendments
F1Words in s. 38 inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 33
Commencement Information
I1S. 38 in force at 11.2.2011 for specified purposes by S.I. 2011/297, art. 2(d)